Misc.

FOI Advisory Council Opinion AO-07-15

Generally, FOIA does not prohibit the release of public records or the exercise of free speech. FOIA does not grant special rights to elected officials that differ from those of other Virginia citizens. Real estate appraisals may be withheld until the completion of a proposed purchase, sale, or lease.

FOI Advisory Council Opinion AO-02-14

FOIA does not define the term "custodian," but for FOIA purposes, generally the custodian is the person in charge of public records. Each public body may designate who is to act as custodian of its public records. FOIA does not apply to records that are not public records in the transaction of public business.

Davis v. City of Chesapeake (Chesapeake Circuit Court)

The Government Data Collection and Dissemination Practices Act is not an exemption to FOIA's disclosure requirements. City may not charge for summary/abstract of record without first reaching an agreeement with the requester.

Bland v. Virginia State University (Supreme Court, 6/8/06)

In FOIA cases, complete set of records must be included on appeal to afford Supreme Court full review on the merits. Trial court erred in refusing plaintiff's motion to include full set of records.

FOI Advisory Council Opinion AO-06-04

Town-created strategic planning committee is a public body. The Onancock Business and Civic Organization is not a public body because, exclusive of public grant funding, it receives only 36% of its funding from governmental monies. FOI Advisory Council cannot advise on what is or should be meaningful citizen participation. Nothing in FOIA prohibits receivers of FOIA requests from sharing the request with others.

FOI Advisory Council Opinion AO-15-03

Government employee requests under FOIA should not be treated differently from requests made by citizens; letter admonishing public employee for making a FOIA request goes against the legislative intent of FOIA; as long as records were produced in accordance with FOIA, there is no remedy under the act for the simultaneous abuse of the FOIA requester.

FOI Advisory Council Opinion AO-09-00

Roberts Rules of Order is subordinate to FOIA in the event of any conflict between the two.

Fisher v. King

No 1st Amendment right of access to government-held information.

RF&P Corp. v. Little

A corporation to which the Virginia Retirement System appoints two board of trustee members is not a public body under FOIA. A willful and knowing violation of FOIA warrants the imposition of a civil penalty.

Attorney General's Opinion 1983-84 #437

Commonwealth attorney has no duty to represent private citizen in pursuing an FOIA request.
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